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NOTICE OF MOTION

Mr. Suresh Kantilal RathodVsMr. Mohd Suleman Kasim Shaikh

CNR MHCC0100638520193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 22nd October 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102308/2019
Registration Date
26 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mr. Suresh Kantilal Rathod

    Respondent

    1. 1Mr. Mohd Suleman Kasim Shaikh

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 30-07-2019
Business: Adv. Darshan Jain for plaintiff present and original NM no. 2308/19 along with affidavit.
None present for defendant.
Earlier interim order of protection to continue till next date.
Matter stands Adj for reply to NM on 16.09.19
Next Purpose: REPLY
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Adv. Jain for plaintiff present.
Adv. Kambli for defendant present. and seeks time to filer reply. Time granted.
Earlier order to continue till next date.
Matter stands Adj for reply to 17.10.19.
Next Purpose: REPLY
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv. Vaibhavi Pawar for plaintiff present.
Adv. Hemangi Kamdare for intervenor present and seeks adjournment. Adjournment granted.
Heard both sides.
Earlier order to continue till next date.
Matter stands Adj for reply to 10.12.19.
Next Purpose: REPLY
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Adv. Darshan Jain for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Court is busy in dictating order in st. no. 12457/19. and suit no. 1337/19.
Matter stands Adj for NM reply to 20.01.2020.
Next Purpose: REPLY
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Vaibhavi Pawar for plaintiff present.
None present for defendant.
interim order is passed by the court. Time granted to file reply as a last chance.
Earlier order to continue till next date.
Matter stands Adj for reply to NM on 06.03.2020.
Next Purpose: REPLY
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Adv. Jain for plaintiff present.
None present for defendant.
Reply is not filed. Hence, last chance granted to filing reply.
Earlier order to continue till next date.
Matter stands Adj for reply to NM on 29.04.2020.
Next Purpose: REPLY
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Advocate Jain h/f adv. Kudalkar for Plaintiff present.
None for defendant.
Earlier order is to be continued till next date.
The case is adjourned to 25.02.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Advocate Kudalkar for plaintiff present and undertakes to serve defendant no.1.
None for defendant.
Earlier order is to be continued till next date.
The case is adjourned to 17.04.2021  for service.
Next Purpose: SERVICE
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: SERVICE
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: court is vacant
Next Purpose: SERVICE
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Matter called out at 04.07 p.m.
Adv. Kudalkar for plaintiff present.
None present for defendant.
Adv. Kudalkar for plaintiff tendered service affidavit of Deft. No. 1 and 2.  Affidavit taken on record. TOR. Exh.5
He is seeking time to take appropriate steps to serve Deft. No. 1 and 2 the NM No. 2308/19. Time granted.
Earlier order if any, to continue till then.
Matter stands adjourned to 22.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Matter called out at 3.39 p.m.
Adv. Kudalkar for plaintiff present.
He tendered affidavit of service of NM upon defendants.  As per the affidavit the plaintiff tried to serve upon wife of the Deft. No.1 who was present but she refused to accept the service. The Deft. No.2 was not found on the address given.  Even on 30.10.2018, the plaintiff filed service affidavit of bailiff which says that wife of Deft. No.1 had accepted the service of writ of summons and Deft. No.2 was not found.  Thus, looking to the aforesaid fact, I am satisfied that the Defendants are trying to avoid the services hence, application Exh.6 is allowed.
Plaintiff to make a paper publication in 2 local newspapers.
In view of the above, application disposed of.
Interim order, if any to continue till then.
Advocate for plaintiff on instruction not pressed NM No.2308/19.  Hence, NM disposed of as not pressed.
Matter stands adjourned to 07.01.2022 for NM hearing.
Nature Of Disposal: OTHER
Disposal Date: 22-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 106903/2019
Filing Date: 26-06-2019
First Hearing Date: 30th July 2019
Decision Date: 22nd October 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    22 Oct 2021
    Order Details: Other
Pdf Text: 22.10.2021
Sr. No. 49
SU 2842/18
@NM 2308/19
NM 4204/18
CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 3.39 p.m.
Adv. Kudalkar for plaintiff present.
He tendered affidavit of service of NM upon defendants. As per the
affidavit the plaintiff tried to serve upon wife of the Deft. No.1 who was
present but she refused to accept the service. The Deft. No.2 was not
found on the address given. Even on 30.10.2018, the plaintiff filed
service affidavit of bailiff which says that wife of Deft. No.1 had accepted
the service of writ of summons and Deft. No.2 was not found. Thus,
looking to the aforesaid fact, I am satisfied that the Defendants are trying
to avoid the services hence, application Exh.6 is allowed.
Plaintiff to make a paper publication in 2 local newspapers.
In view of the above, application disposed of.
Interim order, if any to continue till then.
Advocate for plaintiff on instruction not pressed NM No.2308/19.
Hence, NM disposed of as not pressed.
Matter stands adjourned to 07.01.2022 for NM hearing.
Judge
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